CCS Prevails for Bankruptcy Trustee in 66 Page Order
Joe Kingma represented a bankruptcy trustee in an adversary action relating to three related bankruptcy estates. Claims were asserted against the trustee by debtors alleging various forms of misadministration of a bankruptcy estate. The underling case involved several appeals to the U.S. District Court and had lingered for five years due to the complex issues involved in the bankruptcy.
After a year and a half of litigation a motion to dismiss was granted in its entirety. The case presented several interesting legal issues, including: issue preclusion, claim preclusion, liability for the bonding company, finality of orders, failure to state a claim under Twombly, absolute immunity, and the statute of limitations. When the dust settled at the end of 66 pages all claims against the client were dismissed in their entirety.